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Abdul Al Saleh
Abdul Al Saleh is a citizen of Yemen currently held in the Guantanamo Bay detainment camps, in Cuba after being classified as an enemy combatant by the United States. His Guantanamo Internment Serial Number is 91. American intelligence analysts estimate he was born in 1979, in Muqela, Yemen. As of October 11, 2010, Abdul al Saleh has been held at Guantanamo for eight years eight months. Combatant Status Review Tribunal Initially the Bush administration asserted that they could withhold all the protections of the Geneva Conventions to captives from the war on terror. This policy was challenged before the Judicial branch. Critics argued that the USA could not evade its obligation to conduct competent tribunals to determine whether captives are, or are not, entitled to the protections of prisoner of war status. Subsequently the Department of Defense instituted the Combatant Status Review Tribunals. The Tribunals, however, were not authorized to determine whether the captives were lawful combatants -- rather they were merely empowered to make a recommendation as to whether the captive had previously been correctly determined to match the Bush administration's definition of an enemy combatant. Summary of Evidence memo A Summary of Evidence memo was prepared for Al Saleh Abdul's Combatant Status Review Tribunal, on 6 October 2004. The memo listed the following allegations against him: . :#The detainee was present and wounded during the Qalai Janghi prison riot at Mazir-E-Sharif. :#The detainee was eventually arrested by United States forces at the Qalai Janghi Castle. }} Transcript There is no record that Al Saleh chose to participate in his Combatant Status Review Tribunal. Aboassy v. Bush Captive 91 is the lead petitioner in a set of amalgamated habeas corpus petitions.' The Department of Defense has published documents from the Combatant Status Review Tribunals of 179 habeas petitioners. But they did not release those from captive 91's. Captive 91 was identified as "Mohsen Abdrub Aboassy" on the list of habeas petitioners. 2005 Summary of Evidence memo The factors for and against continuing to detain Al Saleh were among the 121 that the Department of Defense released on March 3, 2006.Factors for and against the continued detention (.pdf) of Abdul Al Saleh Administrative Review Board - May 2, 2005 - pages 61-63 The following primary factors favor continued detention The following primary factors favor release or transfer Habeas corpus renewal Abdul Al Saleh's habeas corpus was re-initiated in 2008. Military Commissions Act The Military Commissions Act of 2006 mandated that Guantanamo captives were no longer entitled to access the US civil justice system, so all outstanding habeas corpus petitions were stayed. mirror Boumediene v. Bush On June 12, 2008 the United States Supreme Court ruled, in Boumediene v. Bush, that the Military Commissions Act could not remove the right for Guantanamo captives to access the US Federal Court system. And all previous Guantanamo captives' habeas petitions were eligible to be re-instated. The judges considering the captives' habeas petitions would be considering whether the evidence used to compile the allegations the men and boys were enemy combatants justified a classification of "enemy combatant". mirror Protective order On 15 July 2008 Kristine A. Huskey filed a "NOTICE OF PETITIONERS’ REQUEST FOR 30-DAYS NOTICE OF TRANSFER" on behalf of several dozen captives including Abdul Al Saleh. mirror References External links * Who Are the Remaining Prisoners in Guantánamo? Part Two: Captured in Afghanistan (2001) Andy Worthington, September 17, 2010 Category:People held at the Guantanamo Bay detention camp Category:Yemeni extrajudicial prisoners of the United States Category:Living people Category:Year of birth uncertain Category:1979 births